Situation: (these dates are hypothetical) A petition is filed at the end of May and a court date is then issued for Aug 3rd. However, the petitioner does not serve the petition until 10 days prior to the hearing. This does not allow proper time to file a response (typically 20 calendar days are given) and 10 days is not sufficient to prepare and obtain counsel. Could a continuance be filed based on those grounds; to allow time to file a response, obtain counsel and prepare for trial?
Thank you for taking the time to answer this. It is greatly appreciated.
A continuance can be sought if the time frame does not provide reasonable time to prepare to address the allegations. The continuance would need to be sought by motion to the Court and that Motion would need to be noticed for hearing.
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